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Federal Deception Law: DELAWARE

Telemarketing Statute: Del. Code Ann. tit. 6, §§ 2501A to 2510A.

Scope: Defines telemarketing broadly, and lists ten exemptions such as sales involving a face-to-face pre-sale presentation, customer-initiated calls that are not a result of a telemarketing solicitation, business-to-business transactions, solicitations by charities and nonprofits, insurance, securities, certain catalog sales, calls by supervised financial institutions, and goods or services regulated by PUC or FCC.

Federal Deception Law: FLORIDA

Telemarketing Statute: Fla. Stat. § 501.059; Fla. Stat. §§ 501.601 to 501.626 (Florida Telemarketing Act).

Scope: Defines telemarketing broadly. Numerous exemptions including single transaction, charitable or political, calls leading to face-to-face transaction, securities, newspapers, certain book or recording clubs, insurance, cable television, certain business-to-business transactions, certain catalog sales, periodicals.

Federal Deception Law: GEORGIA

Telemarketing Statute: Ga. Code Ann. §§ 10-5B-1 to 10-5B-8, §§ 10-1-393.5, 10-1-393.6, 10-1-393.13.

Scope: Defines telemarketing broadly.

Registration Requirements: None specified.

Federal Deception Law: HAWAII

Telemarketing Statute: Haw. Rev. Stat. §§ 481P-1 to 481P-8.

Scope: Telemarketing broadly defined, including investment opportunities and recovery services. Exemptions include polling, political or charitable calls, certain catalog sales, certain businesses regulated under other laws, i.e., securities, real estate, insurance.

Registration Requirements: None specified.

Federal Deception Law: IDAHO

Telemarketing and Robocall Statute: Idaho Code §§ 48-1001 to 48-1010.

Robocall-Related Definitions: “Automatic dialing-announcing device” (ADAD) means “a device that selects and dials telephone numbers and that, working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called.” § 48-1003C(1).

Federal Deception Law: ILLINOIS

Telemarketing Statute: 815 Ill. Comp. Stat. §§ 413/1 to 413/25; 815 Ill. Comp. Stat. § 505/2P.1.

Scope: Defines telemarketing broadly, with exceptions for calls made by autodialers, registered securities dealers, registered investment advisers, registered sellers of securities, or licensed insurance agents. Also exceptions for banks and credit unions.

Registration Requirements: None specified.

Federal Deception Law: IOWA

Telemarketing Statute: Iowa Code § 714.8(15).

Scope: Applies to persons who obtain or attempt to obtain another’s property by deception through telephone communications involving direct or implied claims that the other person has won, or is about to win, a prize or may be able to recover losses suffered in connection with a prize promotion.

Registration Requirements: None specified.

Substantive Law: Criminalizes deceptive telemarketing prize promotions and recovery room operations.

Federal Deception Law: KENTUCKY

Telemarketing and Robocall Statute: Ky. Rev. Stat. Ann. §§ 367.461 to 367.46999 (West).

Robocall-Related Definitions: “Automated calling equipment” is defined as any device or combination of devices which is used to select or dial telephone numbers and to deliver recorded messages to the numbers so selected or dialed.

Federal Deception Law: LOUISIANA

Telemarketing Statute: La. Stat. Ann. §§ 45:821 to 45:833.

Scope: Defines specific types of telemarketing that are covered and lists twenty exceptions, such as sales to previous customers, sales involving face-to-face contact, sales made by supervised financial institutions, and the sale of newspapers and securities.

Federal Deception Law: MAINE

Telemarketing and Robocall Statutes: Me. Stat. tit. 10, §§ 1498, 1499-A, 1499-B.

Robocall-Related Definitions: “Automated telephone calling device” (ADCD) means “any system or equipment, including a facsimile machine, that selects, dials or calls telephone numbers and plays recorded messages or attempts to send facsimiles.” § 1498(1).

Federal Deception Law: MARYLAND

Telemarketing Statutes: Md. Code Ann., Com. Law §§ 14-2201 to 14-2205 (West) (Maryland Telephone Solicitations Act); Md. Code Ann., Com. Law §§ 14-3201 to 14-3202 (West) (Maryland Telephone Consumer Protection Act) (West).

Federal Deception Law: MASSACHUSETTS

Telemarketing and Robocall Statute: Mass. Gen. Laws ch. 159, § 19E.

Scope: Statute covers all sales of goods or services made by telephone to the consumer’s residence.

Registration Requirements: None specified.

Substantive Law: Solicitors must immediately disclose their identity, the trade name of the person they represent, and the kinds of goods or services being offered for sale. Solicitors are prohibited from using a plan or scheme which misrepresents their true purpose.

Federal Deception Law: MICHIGAN

Telemarketing and Robocall Statute: Mich. Comp. Laws §§ 445.111 to 445.111e. See also Mich. Comp. Laws §§ 445.113, 445.116.

Robocall-Related Definitions: None, but prohibition applies to any “telephone solicitation that consists in whole or in part of a recorded message.” § 445.111a(1).

Federal Deception Law: MINNESOTA

Telemarketing and Robocall Statute: Minn. Stat. §§ 325E.26 to 325E.31 (Automatic Dialing-Announcing Devices).

Robocall-Related Definitions: “Automatic dialing-announcing device” is defined as “a device that selects and dials telephone numbers and that, working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called.” § 325E.26.

Federal Deception Law: MISSOURI

Telemarketing Statute: Mo. Rev. Stat. §§ 407.1070 to 407.1090 (Telemarketing Practices); Mo. Rev. Stat. §§ 407.1095 to 407.1110 (Telemarketing No-Call List).

Federal Deception Law: MONTANA

Telemarketing Statute: Mont. Code Ann. §§ 30-14-1401 to 30-14-1414 (Telemarketing Registration and Fraud Prevention Act); §§ 30-14-1601 to 30-14-1606 (Telephone Solicitation No-Call List).

Federal Deception Law: NEW HAMPSHIRE

Telemarketing and Robocall Statute: N.H. Rev. Stat. Ann. §§ 359-E:1 to 359-E:11 (Telemarketing).

Robocall-Related Definitions: “Automatic telephone dialing system” (ATDS) means any automatic terminal equipment which stores or produces numbers to be called randomly or sequentially and which delivers a prerecorded message to the number called without assistance of a live operator. § 359-E:1.

Federal Deception Law: NEW JERSEY

Telemarketing Statute: N.J. Stat. Ann. §§ 56:8-119 to 56:8-135 (West). See also N.J. Stat. Ann. § 48:17-25 (West).

Scope: Telemarketing broadly defined with exceptions for customer-requested call, established business relationship.

Registration Requirements: Telemarketer must register with Consumer Affairs Division of Department of Law and Public Safety, pay a fee, and post bond for not less than $25,000.